As of this writing, we have 1288 members of the Maryland Association for Justice. This President’s Message is for 1045 of them. Allow me to explain. 

By the time you are reading this issue of Trial Reporter, the 2023 Legislative Session will be underway. The Legislative Committee of MAJ will be meeting weekly to review new proposed legislation, and to make decisions about MAJ’s position on bills relevant to the civil justice system. Members will be rearranging their schedules to travel to Annapolis to testify in support of or in opposition to these bills, often on a last-minute basis. Our lobbyists will be arranging for our leadership to meet with legislators to explain MAJ’s positions in more detail, and to seek support for MAJ’s priority legislation. 

I can only vaguely remember the first time I left the comfort of my Baltimore office to testify on behalf of MAJ before the General Assembly. I cannot recall the subject of the bill, nor the nature of my testimony. What I do remember is how quickly my allotted two minutes of speaking time flew by, and the concomitant feeling of helplessness that I did not get to complete my prepared remarks. I also, however, remember feeling excitement and pride in standing up and declaring myself “here to testify on behalf of the Maryland Association for Justice.” Over the years, the helplessness has faded as I’ve gotten better at getting to the point in two minutes. The pride remains unchanged.  

In our daily lives as attorneys, we represent individuals or families: one person, or a small group of people. In Annapolis, MAJ represents all Marylanders. Our Mission Statement charges us with protecting the civil justice system. Our vision statement challenges us to work towards a fair and impartial legal system that protects the rights and safety of all people.  

These are huge charges, yet when MAJ appears in Annapolis, our contingent consists of only a few trial lawyers (sometimes only one or two). On the other side are large armies of lobbyists, insurance executives, business owners, and physicians in white coats. It feels like David versus Goliath every time. The act of testifying is exhilarating, but when you see what we are up against, it is equally terrifying. 

Which brings me back to those 1045 MAJ Members. 1045 is the number of MAJ members who do not participate in our Legislative Leaders Circle (LLC). The LLC currently consists of a mere 243 members who support our legislative work in Annapolis through financial donations that are used to contract with lobbyists and practice area specialists, for political fundraising, and grassroots advocacy efforts. These 243 people bear the responsibility of trying to balance the David vs. Goliath scales.  

With the help of these LLC members, MAJ has achieved a constitutional amendment to increase the minimum amount in controversy to pray a jury trial. We have increased caps on non-economic damages in government tort claims cases. We have passed “stacking” legislation to increase available automobile insurance coverage. In the medical malpractice arena, we have achieved an overhaul of the “20% rule,” and fought back repeated, powerful attempts to create a “birth injury fund,” abolish the collateral source rule, and other serious tort reform. 

This year, MAJ’s priority legislation will include efforts to increase transparency in medical negligence cases through amending the peer review privilege, to provide for the collection of attorneys’ fees in medical-only hearings before the Workers Compensation Commission, and to abolish exculpatory clauses in contracts or waivers to participate in recreational activities. 

In one of my first political science classes in college, we studied the concept of free riding. If you are not a member of the LLC, you are a Free Rider. The members of the LLC are the Shapers – the ones committing themselves and their resources to ensure that the mission and vision of MAJ are achieved. They are the ones prioritizing access to the courts, justice for our clients, and the future of our livelihood as trial lawyers.  

DO NOT BE A FREE RIDER. Get involved in MAJ’s legislative advocacy efforts in Annapolis. Join the LLC. For as little as $1200 a year (less if you are a new lawyer) – an amount most of us would spend on an IME or expert review routinely – you can be a Shaper.  

And if you absolutely cannot join the LLC, give your time. Join the Legislative Committee and come with me to Annapolis to testify this winter.  

I promise your money will not be wasted. I promise your time will not be wasted. I promise you will feel proud. I promise you will feel like a Shaper. 

Biography 

Emily C. Malarkey is a graduate of the University of Maryland School of Law and a partner at Bekman, Marder, Hopper, Malarkey & Perlin, LLC in Baltimore. She joined the firm in 2006 after completing an appellate judicial clerkship for the Honorable Sally D. Adkins on the Court of Special Appeals. Since then, she has developed a busy practice in the areas of medical negligence, wrongful death and other catastrophic injury. Ms. Malarkey has tried many complicated medical negligence trials, including three with verdicts in excess of $2 million. She also has represented clients in numerous appeals that have gone on to create published law and has been named a Rising Star in every edition of Maryland Super Lawyers since 2010. In addition, to serving on the Board of Directors of MAJ, she is also a member of the Maryland State Bar Association's Appellate Practice Committee. She lives in Timonium with her husband and two children and in her spare time, pretends to be a runner and aspiring chef.